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									STATE OF KANSAS         )                         PLANNING & ZONING SESSION &
WYANDOTTE COUNTY        )) SS                     REGULAR SESSION
CITY OF KANSAS CITY, KS )                         THURSDAY, DECEMBER 3, 2009

       The Unified Government Commission of Wyandotte County/Kansas City, Kansas, met in
regular session Thursday, December 3, 2009, with nine members present: Holland,
Commissioner At-Large First District; Mendez, Commissioner At-Large Second District;
Barnes, Commissioner First District; Murguia, Commissioner Third District; Mitchell,
Commissioner Fourth District; Kane, Commissioner Fifth District; Cooley, Commissioner
Seventh District; Ellison, Commissioner Eighth District; and Reardon, Mayor/CEO presiding.
Miller, Commissioner Second District; and Pettey, Commissioner Sixth District; were absent.
The following officials were also in attendance: Dennis Hays, County Administrator; Delia
York, Legal Counsel; Tom G. Roberts, Unified Government Clerk; Doug Bach, Deputy County
Administrator; Gordon Criswell, Assistant County Administrator; Gary Ortiz, Assistant County
Administrator, Rob Richardson, Planning Director; Bradley Munford, Planner; and Captain
Randy Eskina, Sergeant-at-Arms.


MAYOR REARDON called the meeting to order.


ROLL CALL Murguia, Mitchell, Kane, Cooley, Ellison, Mendez, Barnes, Holland, Reardon.


INVOCATION was given by Reverend Ken Nettling, Faith Lutheran Church.


THE AGENDA FOR December 3, 2009, was presented. Mayor Reardon asked if there were
any revisions to the agenda. Tom Roberts, Unified Government Clerk, stated there is a blue
sheet amendment for the Consent Agenda regarding The Plaza at the Speedway fifth Plat located
at Parallel Parkway and 108th Street for the Kohl’s store that is being developed. Change of
Zone Petition #2981, Shane Danner, for the apartment complex at 12601 Delaware Parkway
along with the Master Plan Amendment has been withdrawn at the request of the developer.


Tom G. Roberts, Unified Government Clerk, asked if any members of the Commission
wished to disclose any contacts with proponents or opponents. Commissioner Mitchell stated
he had contact with the neighborhood group leader in regard to #SP-2009-48. Mayor Reardon
disclosed contact with staff on Change of Zone Application #2987. Commissioner Ellison
disclosed contact with the proponent and the owner on Special Use Petition #SP-2009-53.


Mayor Reardon asked if there were any set-asides on the Consent Agenda. There were none.
Commissioner Kane made a motion, seconded by Commissioner Mendez, to approve the
Consent Agenda. Roll call was taken and there were eight “Ayes,” Murguia, Mitchell, Kane,
Cooley, Ellison, Holland, Mendez, Barnes.


PLANNING & ZONING CONSENT AGENDA
CHANGE OF ZONE APPLICATIONS
ITEM NO. 1 – 090370…CHANGE OF ZONE APPLICATION #2980 – WILL
ANDERSON/BHC RHODES FOR FRANK PERRY
SYNOPSIS: Change of Zone from M-2 General Industrial, R-1 Single Family and CP-1
Planned Limited Business Districts to M-3 Heavy Industrial District for the continuation of an
asphalt plant and truck body shop (has been operating under a special use permit) at 6500 Inland
Drive. The applicant, Frank Perry, wants to rezone 43.4 acres of property from M-2 General
Industrial, R-1 Single Family and CP-1 Planned Limited Business Districts to MP-3 Planned
Heavy Industrial District. The purpose of the rezoning is to continue to operate an asphalt plant
and truck body shop that has previously been operating under a special use permit. The Planning
Commission voted 8 to 0 to recommend approval of Change of Zone Application #2980, subject
to:


Urban Planning and Land Use Comments:
1. The Planning Commission will not approve a change of zone without a proper preliminary
      plan review. Submit a proper plan review in conjunction with the change of zone, which
      includes a preliminary landscape plan, preliminary building elevations, and preliminary
      lighting plan.
      Applicant’s Response: We have submitted a Design Summary in response to this comment.
2. What is the purpose of platting six (6) lots? What is the future intent for the four (4) lots that
      are currently vacant?


                                        December 3, 2009
   Applicant’s Response: At this time our client has potential buyers for these lots which would
   be in keeping with the MP-3 Planned Industrial District zoning being applied for. The
   market in its current status is influencing our client to work towards a solution that allows an
   adaptable configuration.
3. If this rezoning is approved, the change of zone will result in a planned district instead of the
   proposed conventional district.
   Applicant’s Response: Based on our meeting with the UG on June 25, 2009, we are in
   agreement with the UG’s comment that it would be a planned zone.
4. A brief design manual will be required for lots that will be developed in the future.
   Applicant’s Response: We have submitted a Design Summary in response to this comment.


Staff’s Comment
Applicant shall specify a color palate for primary structures and trim to be approved by the staff.
A percentage of the land area to be landscaped must be specified and approved by the staff.
Section B.2.b needs to be revised with a minimum area set perhaps the equivalent of one (1)
space for every twenty (20) – to be approved by staff.
Storage areas to be screened from public streets.
Please define the sign theme with examples to be approved by staff. Trash enclosures shall
match the existing/primary building. Additionally, the trash enclosure shall be screened from
public view.


Public Works Comments:
A) Items that require plan revision or additional documentation before engineering can
   recommend approval:
   1) The County Surveyor makes separate technical review of final plat and submits
       comments directly to the preparer of the plat.
       Applicant’s Response: This is understood.
   2) Final plat requires construction drawing review.         Because alignment and easement
       requirements of roads and sewers may affect the final plat, Engineering Division will not
       recommend approval of the final plat until the construction drawings for public
       infrastructure are approved.



                                        December 3, 2009
       Applicant’s Response: This is understood.
B) Items that are conditions of approval (stipulations):
   1) Access restrictions shall be placed on lots in the general area of the inside curve of Inland
      Drive. Location of restricted access shall be consistent with a 9 second sight distance.
      Applicant’s Response: This is understood. The lot at the south end of the proposed
      rezoning is shown with an access restriction strip that is based on the nine second sight
      distance.
   2) Developer must extend public sanitary sewer service to the site.
      Applicant’s Response: This is understood. This was discussed at the June 25th meeting
      and followed up with email discussion via John Cygiel, UG, and Brett Carlgren, BHC.
      The outcome of those email discussions was that Lots 4, 5, and 6 would be connected to
      the existing Sanitary Treatment Plant to the south of the development. Lots 1, 2, and 3 are
      on septic at this stage and allowing that configuration to remain would be acceptable.
   3) Known drainage problems exist immediately downstream of this site.                Despite the
       proximity to the Kansas River, detention may be required unless offsite improvements
       are undertaken to eliminate the offsite problem(s). Detention may be provided at the time
       of individual lot development.
       Applicant’s Response: This is understood. The email discussion centered on the point
       that the general land is so flat that there may need to be a plan for detention at the time of
       development or construction.
   4) Centerline of driveway (at 30’ easement) for ingress/egress must intersect Inland Drive at
      no less than an 85 degree angle.
      Applicant’s Response: This is understood.


Action:        Commissioner Kane made a motion, seconded by Commissioner Mendez, to
               approve Change of Zone Petition #2980, subject to the stipulations. Roll call
               was taken and there were eight “Ayes,” Murguia, Mitchell, Kane, Cooley, Ellison,
               Holland, Mendez, Barnes.




                                         December 3, 2009
ITEM NO. 2 – 090373…CHANGE OF ZONE APPLICATION #2987 – UNIFIED
GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS
SYNOPSIS: Change of Zone from C-D Central Business District to R-1(B) Single Family
District for downzoning of the property at 1200 North 7th Street. The request is to downzone the
property in hopes that it will be converted back to a single family home.          The Planning
Commission voted 9 to 0 to recommend approval of Change of Zone Application #2987, subject
to:


Urban Planning and Land Use Comments:
The staff would recommend the zoning be approved to CP-O with a restriction prohibiting a
boarding home (or similar use), rehabilitation center (or similar use), daily reporting center (or
similar use), adult day care (or similar use) or any residential use unless it is the primary
residence of the office user.


It is also recommended that the Unified Government also affirmatively abandon any claim to any
past use of the building and require that any new use for the land or structure be subject to a
preliminary and final site plan review.


Action:         Commissioner Kane made a motion, seconded by Commissioner Mendez, to
                approve Change of Zone Petition #2987, subject to the stipulations. Roll call
                was taken and there were eight “Ayes,” Murguia, Mitchell, Kane, Cooley, Ellison,
                Holland, Mendez, Barnes.


SPECIAL USE PERMIT APPLICATION
ITEM      NO.    1   –   090376...SPECIAL       USE    PERMIT      #SP-2009-53      –   TERESA
SAUNDERS/DARTEA LLC FOR BILL’S 32 WEST
SYNOPSIS: Special Use Permit for live entertainment at the existing bar at 6500 Kaw Drive.
This is a special use permit for live entertainment for a drinking establishment, in this case the
bar Bill’s 32 West. This location has long served as a bar, but ownership has recently changed
hands. The new owners are seeking the permit to be able to have bands or disc jockeys. The




                                          December 3, 2009
Planning Commission voted 9 to 0 to recommend approval of Special Use Permit Application
#SP-2009-53, subject to:


Urban Planning and Land Use Comments:
1. The special use permit should be approved for two (2) years.
2. Consistent with other live entertainment and dance hall uses in the city, there is a likely
     possibility of more customers, later hours and louder noises with live entertainment.
     However, this site has long been utilized as a bar and does not appear to have been a nuisance
     to the neighborhood. There is a fair amount of distance between this property and the closest
     residential dwelling.


Public Works Comments:
A. Items that require plan revision or additional documentation before engineering can
      recommend approval:
      1) None
B.     Items that are conditions of approval (stipulations):
      1) Entrance drive shall meet UG standards (35’ max. width).


Action:          Commissioner Kane made a motion, seconded by Commissioner Mendez, to
                 approve Special Use Permit #SP-2009-53, subject to the stipulations. Roll call
                 was taken and there were eight “Ayes,” Murguia, Mitchell, Kane, Cooley, Ellison,
                 Holland, Mendez, Barnes.


ITEM NO. 2 – 070558…SPECIAL USE PERMIT #SP-2009-60 – REGINAL E. LOVE
SYNOPSIS: Renewal of a Special Use Permit (#SP-2007-46) for the continuation of a day care
home at 1030 North 24th Street. The applicant, Reginal Love, is seeking a renewal for special
use permit to continue to have a day care center at 1030 North 24th Street. There is currently no
one living in the residence. This is not a home occupation because the applicant does not reside
in the home. The Planning Commission voted 8 to 0 to recommend approval of Special Use
Permit #SP-2009-60, subject to:




                                          December 3, 2009
Urban Planning and Land Use Comments:
1. If approved, this permit is valid for five (5) years.
2. Are there new hours of operation? As approved, those hours were 7:30 a.m. to 6 p.m. is
   appropriate for this use.
   Applicant’s Response: The applicant did not respond, therefore, staff has no reason to
   speculate that the hours of operation have varied.
3. What is the current number of staff and children on site? Initially, there were two (2) staff
   members and ten (10) children.
   Applicant’s Response: The applicant did not respond, therefore, staff has no reason to
   speculate that the number of staff and children have changed.


Action:        Commissioner Kane made a motion, seconded by Commissioner Mendez, to
               approve Special Use Permit #SP-2009-60, subject to the stipulations. Roll call
               was taken and there were eight “Ayes,” Murguia, Mitchell, Kane, Cooley, Ellison,
               Holland, Mendez, Barnes.


ITEM NO.          3 – 050064…SPECIAL USE PERMIT #SP-2009-61 – KOREAN
PRESBYTERIAN CHURCH
SYNOPSIS: Renewal of a Special Use Permit (#SP-2007-36) for the temporary use of land for
the continuation of temporary classrooms at 2034 South 51st Street. The applicant, Korean
Presbyterian Church, is seeking a renewal for their Special Use Permit. They were approved in
2007 for a temporary commercial use of land, constructing trailers for Sunday school
classrooms. The church is not ready to build a permanent building, so he is requesting a renewal
for this permit. The Planning Commission voted 8 to 0 to recommend approval of Special Use
Permit Application #SP-2009-61, subject to:


Urban Planning and Land Use Comments:
1. Upon approval, this petition will be valid for two (2) years.
2. When is the church proposing to build a permanent addition, as opposed to continuously go
   through the special use permit process? This is now going on four years and these trailers are




                                         December 3, 2009
   not permanent in nature. Staff stipulates that a permanent building shall be constructed upon
   the expiration of this special use permit.
   Applicant’s Response: The applicant did not respond to this comment.


Action:          Commissioner Kane made a motion, seconded by Commissioner Mendez, to
                 approve Special Use Permit #SP-2009-61, subject to the stipulations. Roll call
                 was taken and there were eight “Ayes,” Murguia, Mitchell, Kane, Cooley, Ellison,
                 Holland, Mendez, Barnes.


ITEM       NO.       4   –   040375…SPECIAL        USE     PERMIT       #SP-2009-63     –   RICK
REHORN/TOMASIC AND REHORN FOR MEDINA ENTERPRISES
SYNOPSIS: Special Use Permit for live entertainment (music or DJ three (3) nights a week –
Wednesday, Friday and Saturday) for an existing drinking establishment at 403 North 5th Street.
Rick Rehorn with Tomasic & Rehorn is seeking a Special Use Permit on behalf of Medina
Enterprises to allow live music at Martita Club located at 403 North 5th Street. The events
would occur up to 3 nights per week (Wednesday, Friday & Saturday) and will be from 9 PM to
12 AM. Martita Club is in a small 1,230 square foot building that holds about 35 to 40 people.
The Planning Commission voted 8 to 0 to recommend approval of Special Use Permit
Application #SP-2009-63:


Urban Planning and Land Use Comments:
Staff would like to point out that this application is not to discuss if the drinking establishment
should be at this location. That question has been positively affirmed by the zoning placed on
the property, the length of time the establishment has been in place and our city codes. The only
question that is on the table today is if live entertainment such as bands and DJ’s should be
allowed.


Staff has visited the site and has four concerns about the application. These concerns deal with
parking, noise, trash and security.




                                        December 3, 2009
Parking
This neighborhood along 5th Street has a traditional development pattern that is a mix of
residential homes and old neighborhood style commercial buildings.              As with a lot of
neighborhoods in our city, this one developed at a time when the car was not as common place as
they are today. This can create an issue when older urban form clashes with today’s automobile
lifestyle. The city has recognized this problem in this area and has recently made improvements
to 5th Street that added more parking to accommodate the residence and the commercial uses.
Staff believes that the street and parking improvements made to 5th Street should satisfy any
parking concerns.    But the public hearing would be the best way to gauge any neighbors
concerns.


Noise
Considering how close buildings are in this neighborhood, it is probable that music could be
heard by the neighbors. If approved, it is important that the applicant work with the neighbors to
keep volume and hours of playing at an acceptable level. They should also keep doors and
windows closed if the music is playing after 10:00 p.m.


Trash
A musical performance will attract more patrons to this location on any given night. When more
people come to an area, the probability of littering is higher. Staff is concerned about this and
believes that it should not be the responsibility of the neighbors to clean up trash that may be
generated by bar patrons. The same issue arose with the Special Use Permit for the Vox theater
event hall at 1407 Southwest Boulevard (SP 2009-41 approved 7/30/09). The solution that was
approved there was for the hall’s staff to pick up trash around the building and up the street after
they hold an event. Staff believes that the same solution should be used here as well.


Security
Sometimes the mix of more people and alcohol can result in a negative situation where security
may be needed. Staff understands that the bar operates in a small 1,230 square foot space that
only can accommodate 35 to 40 people but, some sort of security plan and personnel should be in
place if this application is approved.


                                         December 3, 2009
Applicant’s Response to Planning Comments: Please consider this our response to the staffs’
“draft” comments on the above-referenced application. Specifically, the key issues of concern
are parking, noise, trash and security.
Parking - The business is in agreement that the recent improvements to the 5th Street corridor
should satisfy any parking concerns.


Noise - Our client intends to maintain a good relationship with their neighbors and will work
with them to keep the music at an unobtrusive level, including keeping the doors and windows
closed.


Trash – The business currently has staff patrol the surrounding area and dispose of any litter
generated by their patrons or others, and intends to continue this practice simply as a matter of
being a good neighbor.


Security – In order to address any security concerns and minimize any possible negative
situation, the business intends to comply a trained security person for the evenings when music
entertainment will be provided.


Action:        Commissioner Kane made a motion, seconded by Commissioner Mendez, to
               approve Special Use Permit #SP-2009-63, subject to the stipulations. Roll call
               was taken and there were eight “Ayes,” Murguia, Mitchell, Kane, Cooley, Ellison,
               Holland, Mendez, Barnes.


MISCELLANEOUS
ITEM NO. 1 – 071053…ORDINANCE
SYNOPSIS: An ordinance repealing Ordinance O-74-09 (#S-2008-7) and enacting a new
ordinance vacating approximately 1805 South 12th Street, Kansas City, Kansas.


Action:        ORDINANCE NO. O-93-09, “An ordinance vacating the eastern one-half of
               12th Street adjoining Block 6, Lots 3-7, and Block 7, Lots 16-20, Franklin


                                          December 3, 2009
              Heights - a subdivision now in and a part of Kansas City, Wyandotte County,
              Kansas, located at approximately 1805 South 12th Street, Kansas City, Kansas.”
              Commissioner Kane made a motion, seconded by Commissioner Mendez, to
              approve the ordinance.     Roll call was taken and there were eight “Ayes,”
              Murguia, Mitchell, Kane, Cooley, Ellison, Holland, Mendez, Barnes.


PLANNING AND ZONING NON-CONSENT AGENDA
CHANGE OF ZONE APPLICATION
ITEM NO. 1 – 090372....CHANGE OF ZONE APPLICATION #2981 – SHANE
DANNER/KANSAS DEVELOPMENT LLC
SYNOPSIS:     Change of Zone from R-1 Single Family District to R-5 Apartment District for a
garden apartment complex at 12601 Delaware Parkway and Master Plan Amendment. The
applicant, Shane Danner of KS Development LLC wants to rezone 36.44 acres at 12601
Delaware Parkway from R-1 Single Family District to R-5 Apartment District. Mr. Danner
intends on building a 464 unit apartment complex. The development is proposed to be built in
two phases. The Planning Commission voted 6 to 3 to recommend denial of the Master Plan
Amendment from Mixed Use Residential to Medium Density Residential.             The Planning
Commission voted 7 to 2 to recommend denial of Change of Zone Application #2981.


Action:       Withdrawn by the petitioner.


SPECIAL USE PERMIT APPLICATION
ITEM NO. 1 – 090374...SPECIAL USE PERMIT APPLICATION #SP-2009-48 – DEAN
M. ZAGORTZ/ZJ ENTERPRISES LLC
SYNOPSIS:     Special Use Permit for a dirt fill at 3111 City Park Drive. This is a special use
permit for a dirt fill. The Planning Commission voted 6 to 3 to recommend approval of Special
Use Permit Application #SP-2009-48, subject to:


Urban Planning and Land Use Comments:
1. Hours of operation would be: Monday through Friday from 8:30 a.m. to 5:00 p.m.




                                     December 3, 2009
2. The use of City Park Drive as a fill road is not appropriate. The 670 trucks required to place
     6,700 yards on City Park Drive is not an appropriate use of a park facility.
     Applicant Response: City Park Drive is a dead end road and the only access to this property.
     This neighborhood was completely isolated when I-70 cut in to its existing position.
     Previously, City Park Drive continued around the park but was eliminated by UG/KCK and
     replaced with a cut off street. This has created the public turning around in the driveways of
     the houses in the neighborhood. When originally designed, the plans showed a circle for
     traffic to go back out the way it came in. This was never installed. Signage was promised
     and put in place at the top of the hill, telling drivers Road Closed, Road Out, and No Thru
     Traffic. The sign was removed and never replaced. The road is paved and curbed and used
     by all UG/KCK trucks for trash removal and park maintenance.
3.   If the use of City Park Drive were to be used, the road condition would need to be
     documented. The owner would need to post a repair bond in advance of any work in an
     amount acceptable to the Director of Public Works. Following completion of the project, any
     repairs would be made by the applicant or from the bond.
     Applicant Response: By using City Park Drive, we would agree to document the road
     conditions and post a repair bond in advance of any work in an amount acceptable to the
     Director of Public Works. Following completion of the project, any repairs would be made
     by us from the bond.
4. The applicant’s attitude toward fulfilling City requirements in preparation of plans makes
     staff suspect that they will not take following the plans or erosion and dust control seriously.
     This point is exemplified by the fact that on a site visit on October 15, staff observed that a
     significant amount of grading or fill and grading has already taken place without the benefit
     of erosion control, permit, or approved plans. Nor did they bother to tell us the plans under
     review were invalid due to the grading.
     Applicant Response: It is our intent to follow City requirements to a tee. Dust will affect our
     project and we plan to water down any and all dust. We have received absolutely no fill on
     this property. We will continue this practice until we have completed the process and a
     permit is in place and a green light given. Scraping was done on the site to eliminate a
     swamp area, a poison ivy grove, along with weeds and brush too dense to mow. This was
     needed for assessing and surveying the property. An Erosion Control Plan will be submitted


                                         December 3, 2009
   as soon as it is prepared. We have been told that no erosion control can be installed until a
   new survey and plan are submitted, and approved by engineering. Materials are waiting, on
   site, for installation for erosion control. All erosion from the property to adjacent properties
   is controlled by a berm that is in place. The berm will be distributed over the finished fill
   area at a depth of 12” with seeding.
5. An interim grading and erosion control plan must be approved and implemented prior to this
   item being scheduled for the Planning Commission.


   This was accomplished.


6. How many trucks of dirt will this project require? What is the total dirt volume to be brought
   to the site?
   Applicant Response: We are running various scenarios on the number of trucks required for
   6,700 cubic yards of fill. If the city has any formula for figuring this, we would very much
   like to receive that information! Dump trucks vary from state trucks, to double axel to semis
   and the numbers can cause huge variables. Originally, we had requested 10,000 cubic yards
   of clean fill. After working very closely with John Cygiel on drainage plans, we now feel
   that 6,700 cubic yards of fill will bring this area up to the requested topography of 836’.
7. How long will the fill project last?
   Applicant Response: two years
8. It is not appropriate to load and off load dozers on the city street. This has already been
   done; any further damage will require resurfacing of the street in that area.
   Applicant Response: Due to the wet conditions caused by the swamp like areas covering the
   property, and the massive amounts of weeds, trees, and brush, the excavator was unable to
   unload on the site. Now that scraping has been done and the water has dried up or drained,
   we will proceed to grind and tumble the vegetation into mulch that will be used to cover the
   finished fill. Space was created to offload the 963 dozer within the boundaries of the project
   with no need to load or off load on the street, ever again.
9. All plans must reflect a current survey of the illegal grading/fill already completed.
   This has been accomplished.
10. Reuse as R-1(B) is not guaranteed due to issues of placing septic systems on fill.


                                          December 3, 2009
Dean Zagortz, 7425 Juniper, Prairie Village, KS, stated this property was purchased in 2000
and we would like to bring in the fill to bring this land back up to a useable level. Rob and his
staff have been very helpful and the engineering has been approved. There were some questions
regarding the disruption of the park and after meeting with Mr. Sooter, it was explained that this
used to be 32nd St. Originally this was 3111 Homer and that was 32nd St. before it was redone as
City Park Dr. at which time there was quite a bit of activity. When 38th St. was expanded part of
the road was taken away, but the grading is still the same and the storm drains are in the middle
of the field. We ran into a situation of scraping versus grading and my humblest apologies for
that, but we are sitting on a swamp land. It has been infested with bugs since the day we bought
the property. We put about a thousand feet of pipe in to drain the area. It wasn’t enough to save
the house that was on the property that we purchased. The city and I agreed that the house
needed to come down and in order to put a house or anything on that property we feel we need to
solidify the land. We do have a engineering note and every house on that hillside is sliding down
on a regular basis.


We’ve become the drop off site for stray pets that are being dropped off. We have letters of
consent from our neighbors and we are not trying to take away from this community, but trying
to build this into a nice usable piece of land. We’ve been working with Joe Harvey who does a
lot of demolition with the city on their bids. We told him that any bid he gets with the city, we
will lower the price. Hopefully, by lowering the price for him, he will pass the savings on to you
and also to keep the business in Wyandotte County. The crime in the area before we scrapped it
was intense. There are a lot of overnight situations on the property. After talking with the Park
Rangers and the city, we came up with the less I cleaned the site the better because it cuts back
on the traffic back there. The park is closed as of October 15th. After meeting with Marty Witt,
she said this is considered an adult park and a scheduled park. During the park season, the
shelter was rented only six times and we don’t feel we will be disrupting the park.


By the calculations of the Engineer, under Mr. Roddy, we should be bringing in about 600
truckloads of dirt. After meeting with the Harvey’s, it would be between $40 and $50 per truck




                                       December 3, 2009
load. We’re going to have about $20,000 to $25,000 in expenses. We found that the expense of
mowing 2.5 acres was about the equivalent of scrapping.


Mayor Reardon opened the public hearing for comments for this petition. There were none.


Mayor Reardon closed the public hearing.


Commissioner Cooley asked Rob to summarize why he recommend denial? Rob Richardson,
Planning Director, stated I just can’t think of a good reason to run 600 trucks through the
middle of a city park. Commissioner Cooley stated what is the sunset on this special use
permit? Mr. Richardson stated it is two years per the code.


Commissioner Mitchell asked the applicant do they agree to all of the stipulations the Planning
Commission have if approved. Mr. Zagortz stated absolutely. The main stipulation was that we
operate during main business hours, which is generally 8:00 a.m. to 5:00 p.m.


Mayor Reardon asked what is the intent for the use of the property? Mr. Zagortz stated I
bought a house that I thought was going to be a great rental. After a year of drying out the
property, the house had already moved about six inches off the foundation. The property looks
better without the house. We talked about coming back in with a residence because that is the
way it is zoned. We’re really just trying to solidify the neighborhood and have a viable entity.


Commissioner Barnes asked have you been involved in the reclaiming of land before? Mr.
Zagortz stated you will have to talk to my partner on that because she has been in the
construction industry for years. I have been in the land business since the early 2000’s. I done
the acquisition for Miriam Village on I-35, which was 59 contiguous properties, and there were
no complaints or flaws. I found this piece while I was looking for other real estate in the area. I
worked with Mrs. Pettey in the Turner area in 2003 and 2004.


Action:        Commissioner Mitchell made a motion, seconded by Commissioner Ellison,
               to approve Special Use Permit Application #SP-2009-48, subject to


                                        December 3, 2009
               stipulations.   Roll call was taken and there were seven “Ayes,” Murguia,
               Mitchell, Kane, Ellison, Holland, Mendez, Barnes. Commissioner Cooley voted
               “No”.


ITEM NO. 2 – 090338...SPECIAL USE PERMIT APPLICATION #SP-2009-52 – ANN
BRANDAU MURGUIA
SYNOPSIS:       Special Use Permit for three (3) chickens (applicant has indicated that there will
be no rooster) at 2502 Strong Avenue. The applicant, Ann Brandau Murguia wants to have three
(3) chickens, no roosters at 2502 Strong Avenue. Her intent is to gather the eggs and use them
daily. She plans on housing the chickens in a coop, which is located in the rear yard. The
Planning Commission voted 7 to 1 to recommend approval of Special Use Permit Application
#SP-2009-52, subject to:


Urban Planning and Land Use Comments:
1. Subject to approval, this petition will be approved for two (2) years.
2. Contact Animal Control to make sure the proposed number of chicken is appropriate.
   Applicant’s Response: None
3. How often will you clean the coop?         It is imperative that the area around the coop is
   maintained, ensuring that adjacent property owners are not affected by this use.
       Applicant’s Response: None
4. It shall be noted that staff does have concerns about the noise created by the chickens and
   their proximity to single family homes in the area. Any concerns of the neighbors should be
   considered carefully.


Mayor Reardon opened the public hearing for comments for or against this petition. There
were none.


Mayor Reardon closed the public hearing.


Action:        Commissioner Mitchell made a motion, seconded by Commissioner Ellison,
               to approve Special Use Permit Application #SP-2009-52, subject to


                                        December 3, 2009
               stipulations. Roll call was taken and there were seven “Ayes,” Mitchell, Kane,
               Cooley, Ellison, Holland, Mendez, Barnes.


REGULAR SESSION
CONSENT AGENDA
ITEM NO. 1 – 090389….COMMUNICATION
SYNOPSIS: Request adoption of the 2010 Unified Government Legislative Program,
submitted by Mike Taylor, Public Relations/Legislative. The Legislative Program was presented
and discussed at special session.


Action:        Commissioner Kane made a motion, seconded by Commissioner Ellison, to
               approve. Roll call was taken and there were eight “Ayes,” Murguia, Mitchell,
               Kane, Cooley, Ellison, Holland, Mendez, Barnes.


ITEM NO. 2 – 090379….COMMUNICATION
SYNOPSIS:      Recommending disbursement of Special Alcohol and Drug funds to the
following agencies, submitted by Angie Masloski, Public Safety Business Office. The Alcohol
and Drug Advisory Committee has recommended approval.            Associated Youth Services -
$98,175, Substance Abuse Center of Eastern Kansas - $92,500, Alcohol Safety Action Project -
$54,900, Friends of Yates - $53,425. On November 16, 2009, the Public Works and Safety
Standing Committee, chaired by Commissioner Holland, voted unanimously to approve and
forward to full commission.


Action:        Commissioner Kane made a motion, seconded by Commissioner Ellison, to
               approve. Roll call was taken and there were eight “Ayes,” Murguia, Mitchell,
               Kane, Cooley, Ellison, Holland, Mendez, Barnes.


ITEM NO. 3 – 090385….ORDINANCE
SYNOPSIS: Requesting approval of an ordinance to proceed with legal proceedings to acquire
property for the 78th Street, I-70 to State Avenue Improvements Project, submitted by Ken



                                      December 3, 2009
Moore, Legal. On July 9, 2009, the commission voted unanimously to adopt Resolution No. R-
75-09 authorizing a survey of land to be acquired for this project.


Action:        ORDINANCE NO. O-94-09, “An ordinance condemning land for the
               improvement of 78th Street, from I-70 to State Avenue and directing the Chief
               Counsel to institute eminent domain proceedings as provided by law to acquire
               the tracts and parcels of land described in the ordinance.” Commissioner Kane
               made a motion, seconded by Commissioner Ellison to approve the ordinance.
               Roll call was taken and there were eight “Ayes,” Murguia, Mitchell, Kane,
               Cooley, Ellison, Holland, Mendez, Barnes.


ITEM NO. 4 – 980128….CHANGE REQUESTS
Synopsis:      Change requests for System Control #2009005677 (2008) personal property,
System Control #2009005679 (2007) personal property, System Control    #2009005723 (2008)
personal property, #2009005722 (2008) real estate-Parcel 963400.


Action:        Commissioner Kane made a motion, seconded by Commissioner Ellison, to
               approve. Roll call was taken and there were eight “Ayes,” Murguia, Mitchell,
               Kane, Cooley, Ellison, Holland, Mendez, Barnes


ITEM NO. 5 - MINUTES
Synopsis:      Minutes from special sessions of November 5 and 19, 2009.


Action:        Commissioner Kane made a motion, seconded by Commissioner Ellison, to
               approve. Roll call was taken and there were eight “Ayes,” Murguia, Mitchell,
               Kane, Cooley, Ellison, Holland, Mendez, Barnes.


ITEM NO. 6 - WEEKLY BUSINESS MATERIAL
Synopsis:      Weekly business material dated November 18 and 25, 2009.




                                        December 3, 2009
Action:         Commissioner Kane made a motion, seconded by Commissioner Ellison, to
                approve and authorize fund transfers. Roll call was taken and there were eight
                “Ayes,” Murguia, Mitchell, Kane, Cooley, Ellison, Holland, Mendez, Barnes.


ITEM NO. 7 – 090362…PLAT
Synopsis:       The Plaza at the Speedway Fifth Plat located at Parallel Parkway and 108th Street
and being developed by Plaza Speedway, LLC, submitted by L. Allen Greenwood, Surveyor, and
Frederick Backus, County Engineer.


Action:         Commissioner Kane made a motion, seconded by Commissioner Ellison, to
                approve. Roll call was taken and there were eight “Ayes,” Murguia, Mitchell,
                Kane, Cooley, Ellison, Holland, Mendez, Barnes.


PUBLIC HEARING AGENDA
ITEM NO. 1 – 090367…APPEAL HEARING
Synopsis:       Aurelio Nevarez appealing denial of his drinking establishment/catering license
for Club La Cascada LLC, located at 6550 Kaw Drive. Mr. John Ivan, attorney, will present the
case.


Delia York, Legal Counsel, stated the ordinances that regulate alcohol in our city requires
investigation of every applicant and there are a number of grounds for denial of those
applications. In this case, the police department is charged with making a full and complete
thorough investigation of the applicant relative to the requirement of the license.            The
investigation revealed the applicant was not entitled to the license. They filed their written
objections to the clerk. Mr. Ivan filed an appeal of those objections, which would result in denial
of the license. No license shall be issued to a person who is not of good character and reputation
in the county in which the person resides or who has not reached the age of 21 prior to making
application and that is the ground on which the police department has made its written objections
to this particular license application.




                                          December 3, 2009
John Ivan, Attorney, representing Aurelio Nevarez the owner/manager for Club La
Cascada LLC, stated there was a denial of the original local license application. They’ve been
in business since December 2004. The state granted their state license. The accountant filled out
the first application incorrectly mentioning Pueblo Nevarez, who had received a ticket and paid a
fine for not having a liquor price list properly posted. I took action to change things with the
ABC to transfer the ownership/management. Everything was done according to the book work
requirements with the Director of Alcoholic Beverage Control and filed a new application on
October 30th, which predated the hearing on the original poorly drafted application for renewal.


I checked with Licensing and they said everything was in good form and they were waiting for
feedback from the Police Department and ultimately we received a denial letter. Attached to it
was a memorandum stating the denial was being recommended because of a failure to perform a
legal duty intentionally or permitting a condition to exist which injures or endangers the public
safety, health and welfare and a duty to maintain order on the premise by knowingly permitting
disturbance, noise or misconduct. The Legal Department allowed me to review all of the police
reports, which served as a basis for the Police Department’s position and they also gave me a
summary list.


The summary listed 53 police contacts or reports and I went through it. There were four club
checks, four property damage accidents, four sick persons, two informational messages, and a
car fire at 5:20 a.m. when the club was closed, recovery of a stolen automobile, a traffic hazard,
and a theft of a license plate. There were two burglaries to automobiles on one night in 2007 and
then was an abandoned vehicle. 36 of the 53 items predated any ownership by the Nevarez
family. 36 of these do not fall in any degrading category. There have not been any public or
individual complaints by anyone to my knowledge for noise or disturbances or anything of that
nature. There was a flatten tire reported and the lady reported that her boyfriend had done that.
Obviously, the business didn’t authorize him or knowingly authorize him to flatten the tire.
There was a license plate theft and we don’t know if the theft took place in the parking lot or
some other place that evening. There were several disturbances that didn’t merit a police report.
I don’t think there is anything in the records that I reviewed that Aurelio Nevarez did anything
intentionally or knowingly. The disturbance calls involved things outside. The conclusion that


                                       December 3, 2009
this club should be denied a renewal based upon five years of police calls, which probably
squeeze down to a handful, would seem inappropriate.


The most embarrassing and concerning thing was the two shootings. One was in 2007/2008
where a car was leaving the parking lot. A car not associated with the club pulled up behind
them and done random shootings. I don’t think they apprehended the car load of people that was
doing the shooting. On February 27, 2009, without any knowledge of people in the club, a
customer went outside and found a person who had been shot. All the people at the Roadhouse
Bar and all those at Club La Cascada were kept in the club to see if any witnesses were there.
This was something these folks did not have any control over. They have cooperated with the
police and have conducted their own investigation. They have even given a name to the Police
Department. These folks have been in business for five years and they have security officers in
the parking lot now and inside. They have the appropriate licensing with the License Division
and they comply with all of the security officer requirements. Their business through the week is
like any other neighborhood place and more busy on the weekend. I think overall there is
nothing that Aurelio Nevarez and this LLC has done knowingly or intentionally and that they
have allowed something to occur because of some actions or errors on their part.


Captain William Howard, Vice & Narcotics Unit, stated I wrote the denial letter based on our
background information of this club. On the summary, some of these were calls for services
directly related to the business, which means the police was sent directly there and some were
the police were sent to other locations as a result of something that happened in the club. Of 40
calls, what you will see is violence and escalating violence that is occurring at that location.
They’ve had a license since 2004 and I’ve narrowed my focus from 2005 to present. With that
timeframe, we’ve experienced 40 different calls for service. In 2006 there were two, in 2007 we
have a recorded shooting, which I will refer to later in this presentation. We have a couple of
armed disturbance in 2007 and it could’ve been an aggravated battery because the victim was hit
with a beer bottle and was sliced open pretty good. In 2008, we have several assaults. One was
a domestic call, but could have been considered a kidnapping since it crossed state lines. The
arson that was minimized earlier led to the homicide that occurred later in the year. The




                                       December 3, 2009
homicide occurred in February 2009. There was a drug deal in 2007 conducted at this location
and the dealer is now facing federal charges for that drug deal.


Captain Howard presented a slide presentation on the February 2009 homicide.


Captain Howard stated that the motive for this homicide was because the victim was bragging
at the club on the arson that had occurred at this club. The suspect who developed in this case
was very intimately involved with the owner of this car.


Another homicide occurred in April of 2007. It was a case of underage drinkers in the bar that
got into a disturbance outside and was made to leave because the security guards ran them off.
One driver started to chase another driver. The ages ranged from 14 to 19 years old. Detective
Ryan Block stated there was a fight in the parking lot and the security and owner broke the fight
up. The two groups involved in the disturbance fled in their vehicles and one was ramming the
other in the rear end on K-32. There were some serious injuries involved. My investigation led
to the information that the incident began at the club parking lot.


Mr. Ivan stated in five years there has been one drug incident outside of the establishment. This
was a controlled buy, according to the reports, and the drugs were stashed outside in back of the
bar and not inside of the club. There are references about certain things happening on the
premises and according to state law, the premise is considered as the inside of the club. There
has been no charge to selling to minors, no ABC citations for any type of liquor violations. My
clients have no knowledge of the incident that started in the parking lot and ending up in a tragic
accident. I suppose things can happen like that, but none of this happened inside of the bar in
terms of anything that has been done knowingly, intentionally or permitting.


Action:        Commissioner Barnes made a motion, seconded by Commissioner Cooley, to
               uphold denial of the license. Roll call was taken and there were eight “Ayes,”
               Murguia, Mitchell, Kane, Cooley, Ellison, Holland, Mendez, Barnes.




                                        December 3, 2009
STANDING COMMITTEES’ AGENDA
ITEM NO. 1 – 090391…ORDINANCE
Synopsis:      Requesting to terminate the Gateway Gardens Redevelopment District and
terminate the Tax Increment Financing with respect to the expanded district, submitted by
Debbie Jonscher, Assistant Finance Director. The current Gateway Gardens project fund has a
balance of $3,800,000. $1,000,000 will be retained in the project fund to pay remaining project
costs and the balance will be refunded to the appropriate taxing jurisdictions. This item was
scheduled to appear before the Economic Development and Finance Standing Committee,
chaired by Commissioner Mendez, on November 30, 2009. It was requested and received
approval from the Mayor, to fast track this item to the December 3, 2009 full commission
meeting to allow for a timely tax distribution.


Debbie Jonscher, Finance Department, stated the ordinance before you tonight will terminate
the Gateway Gardens Redevelopment District and terminate the Tax Increment Financing
associated with that expanded district. The Gateway Gardens project fund has a balance of $3.8
million. $1 million will be retained in the project fund for ongoing projects related to the
Gateway Gardens Redevelopment District. Approximately $2.8 million will be distributed to the
appropriate taxing jurisdictions.    The UG will receive approximately $1.3 million of this
distribution and this was in accordance with the budget that was adopted this summer.


Commissioner Barnes stated prior to this meeting, I requested a breakdown of the distribution
of those funds. I fully support the Children’s Campus, but I wasn’t aware of when we voted on
that. I was seeking to get information on the total participation on behalf of this TIF or the
Unified Government. If we can get some dates and times of when we actually voted on that
money for that particular project because I’ve researched it and there is no development
agreement with this project. I want to know what the process so in the future I’d like to know
how to implement a million dollar plan without a development agreement. Dennis Hays,
County Administrator, stated the practice goes back to the project that we had with the YMCA
at 85th & Parallel where we had a Unified Government injection of funds. There was not a
development agreement.      We have used development agreement and will continue unless
directed otherwise. When we have private sector development occurring, and a developer


                                        December 3, 2009
involved that we are leveraging funds, then we used a development agreement. In this case, the
Children’s Campus, similar to the YMCA and other non-for-profits, the difference here is not
through a development agreement.


Commissioner Murguia stated the TIF has been paid off and there was money left over. Then
we changed the boundaries of that TIF so that we can use the extra money on another project,
correct? Ms. Jonscher stated the TIF district has not been paid off and funds are still coming in.
If this ordinance is approved, funds will no longer come to the TIF District. They will be
redistributed during the tax distribution the same as all the other taxes. Commissioner Murguia
asked within a certain geographic area or is it going back to general fund dollars? Ms. Jonscher
stated once the district is terminated it will go back to general fund dollars. Commissioner
Murguia asked what’s the dollar amount going back to the general fund? Ms. Jonscher stated
we will distribute $2.8 million and it will go to all the taxing entities. The Unified Government
will get approximately $1.3 million. Commissioner Murguia asked have we decided where
that $1.3 million is going to go? Ms. Jonscher stated it will be distributed among all of the
general funds within the Unified Government.             Mr. Hays stated this was a budget
recommendation that we made this summer. It was reluctant because there were other potential
projects in the downtown area that could be used for funding in that district. Because of our
severe budget conditions, we recommended as a staff that this be terminated and the funds be
rolled back into the general funds.


Commissioner Barnes stated for the record, I struggle with that because we hold our
developments, when it comes to the urban core, the developers nose to the grindstones. We have
to dot the I’s and cross the T’s twice. We really push them on those development agreements.
If this kind of flexibility was available for urban core development, I just think we would be a lot
further ahead.


Mayor Reardon asked from a budget prospective, you recommend that we close the TIF? Lew
Levin, CFO, stated yes. Mayor Reardon asked for the 2010 budget, are you counting on these
dollars to make the budget work? Mr. Levin stated there are two parts to it. It will make the
budget work through 2009 and in 2010 it would be the additional tax revenue generated will flow


                                        December 3, 2009
to the taxing entities. Mayor Reardon stated from now on out, if this is eliminated, the EPA
building is a taxable building and those dollars will flow immediately into the general fund, is
that correct? Ms. Jonscher stated that’s correct.


Mr. Levin stated for clarification, the question came up, had the commission taken any formal
action as it related to the Children’s Campus? The Second Amendment to the Gateway TIF was
approved by the Commission in December 2007.             Commissioner Murguia asked we did
change the boundaries on the original TIF District and with the remaining funds, some of those
funds were used for the Children’s Campus infrastructure?             Mr. Levin stated correct.
Commissioner Murguia asked when we changed the boundaries of the district, did you come
back to us for approval of how those dollars would be spent within the TIF? Mr. Levin stated
there’s a plan associated with that amendment. Ms. Jonscher stated the Second Amendment did
not list out specific dollar amounts for the project. It just listed all of the work that was to be
done within that redevelopment district. Commissioner Murguia stated so the $1.3 million
isn’t required. It goes back into the general fund and not just back to that TIF district. Ms.
Jonscher stated once the district is terminated, it will be distributed to all of the UG tax levy’s.
Mayor Reardon asked that is the action we would be taking tonight? Ms. Jonscher stated
correct.


Action:        ORDINANCE NO. O-95-09, “ An Ordinance terminating the expanded Gateway
               Gardens Redevelopment District created pursuant to Ordinance No. 65961, and
               expanded by Ordinance Nos. O-5-98, O-104-07, O-88-08 and O-8-09; and
               terminating tax increment financing with respect to the expanded district.”
               Commissioner Cooley made a motion, seconded by Commissioner Mendez,
               to approve the ordinance. Roll call was taken and there were eight “Ayes,”
               Murguia, Mitchell, Kane, Cooley, Ellison, Holland, Mendez, Barnes.




                                        December 3, 2009
               MAYOR REARDON
      ADJOURNED THE MEETING AT 8:20 P.M.
                December 3, 2009




                                   __________________________
                                   Tom G. Roberts
                                   Unified Government Clerk

tdw




                December 3, 2009

								
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